The company said in a release that it has "repeatedly" requested that the Drug Enforcement Administration provide a list of the illegal online pharmacies.

"Whenever DEA provides us a list of pharmacies engaging in illegal activity, we will turn off shipping for those companies immediately," the company stated. "So far the government has declined to provide such a list."

It's not immediately clear whether the DEA could have honored FedEx's request before charging the pharmacies.

From the release, it looks like FedEx will argue that the company can't police its customers without violating their privacy.

"We want to be clear what’s at stake here: the government is suggesting that FedEx assume criminal responsibility for the legality of the contents of the millions of packages that we pick up and deliver every day. We are a transportation company – we are not law enforcement. We have no interest in violating the privacy of our customers. We continue to stand ready and willing to support and assist law enforcement. We cannot, however, do the job of law enforcement ourselves."

FedEx was also s ued in New York in December for allegedly taking part in a racketeering conspiracy regarding the shipment of nearly 20 tons of untaxed cigarettes.

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